Kelly Services (Australia) Limited

[2013] FWCA 3830

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Kelly Services (Australia) Limited
(AG2013/6958)

KELLY SERVICES (AUSTRALIA) LTD - CASUALS WORKING AT QUEENSLAND LOCAL GOVERNMENT CLIENT WORKSITES (EXCLUDING BIRSBANE CITY COUNCIL) - EMPLOYER GREENFIELD AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 17 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Casual Employees Working at Queensland Local Government Client worksites (excluding Brisbane City Council) - Employer Greenfield Agreement.

[1] Having considered the matters relied on by the applicant in support of this application, pursuant to Schedule 3, item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and in accordance with s.226 of the Fair Work Act 2009, the Kelly Services (Australia) Ltd - Casual Employees Working at Queensland Local Government Client worksites (excluding Brisbane City Council) - Employer Greenfield Agreement is terminated.

[2] The termination comes into effect from 17 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Limited applied for the termination of an existing employer agreement that covered casual employees working at Queensland local government client worksites, excluding Brisbane City Council. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the application met the criteria for termination under the Fair Work Act 2009. Specifically, the Commission had to determine if the changes in the workplace justified altering the existing agreement.

The Commission examined the application and the evidence provided by the employer. It considered the nature of the changes in the workplace, the impact on the employees, and whether the changes warranted a new agreement. The Commission concluded that the application did not sufficiently demonstrate that the changes were significant enough to warrant the termination of the existing agreement. The evidence did not show that the changes would adversely affect the employees' conditions or that a new agreement was necessary to address these changes effectively.

Consequently, the application for termination was dismissed. The existing employer agreement remained in effect for the casual employees working at Queensland local government client worksites, excluding Brisbane City Council. The decision emphasised the need for substantial evidence to justify altering an existing agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established